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Board upholds permit for Moraga Street balcony, requires privacy measure at property line
Summary
The Board of Appeals upheld a permit for a repaired balcony at 316 Moraga Street but imposed conditions aimed at protecting a neighbor’s privacy: the structure must match as-built depth and include open railings with a privacy wall or other mitigation at the property line.
The San Francisco Board of Appeals on June 13 upheld a permit to alter a rear balcony at 316 Moraga Street while adding conditions intended to reduce an adjacent neighbor’s privacy intrusion. The board voted unanimously 4–0 after hearing extended testimony from neighbors, the permit holder and city staff.
Neighbors David and Ellen Kwok told the board the new balcony allows people to see directly into living‑room and bedroom windows and asked the board to require that the balcony be moved four feet back. The permit holder, physician Jason Burmak, said the work began as a dry‑rot repair and that his intent was not to create an occupiable balcony; he offered to install a screen wall and to obtain required permits for the repairs.
Planning Department staff recommended conditions to bring the structure into compliance with the planning code and to restore previously as‑built dimensions: reduce the deck depth to 2 feet 6 inches from the rear building wall (as reflected on approved plans) and require open railings in keeping with planning code. To address the Kwoks’ privacy concerns along the property line, Vice President Frank Fung proposed a third condition: install a 6‑foot privacy wall (solid or lattice) at the property line adjacent to the neighbor, or alternatively eliminate railings on the affected length of the structure. The board adopted those conditions and instructed that approved plans be stamped “no occupancy.”
Planning and DBI staff explained the technical background: the original work started without a permit and DBI issued a notice of violation; a corrective permit was later sought and approved that included trimming back the deck. Planning staff emphasized that an open railing (not a firewall) is typically required by the planning code in rear yard conditions. For enforcement, DBI retains authority to ensure permitted conditions are implemented and to pursue code enforcement if they are not.
The board’s vote to uphold the permit with conditions was recorded as Aye by President Chris Huang, Vice President Frank Fung, Commissioner Rich Hillis and Commissioner Arceloria Hurtado. The board’s action preserves the permit holder’s ability to complete repairs while directing specific design and privacy measures to protect the adjacent residents.
